Special Educational Needs and Disability Bill [H.L.] - continued        House of Lords
PART II, DISABILITY DISCRIMINATION IN EDUCATION - continued

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Enforcement
Special Educational Needs and Disability Tribunal.     16. - (1) In the 1995 Act, insert the following section-
 
 

"Enforcement: England and Wales
Special Educational Needs and Disability Tribunal.     28H. - (1) The Special Educational Needs Tribunal-
 
 
    (a) is to continue to exist; but
 
    (b) after the commencement date is to be known as the Special Educational Needs and Disability Tribunal.
      (2) It is referred to in this Chapter as "the Tribunal".
 
      (3) In addition to its jurisdiction under Part IV of the Education Act 1996, the Tribunal is to exercise the jurisdiction conferred on it by this Chapter.
 
      (4) "Commencement date" means the day on which section 16 of the Special Educational Needs and Disability Act 2001 comes into force."
 
      (2) Section 10 of the Disabled Persons (Services, Consultation and Representation) Act 1986 (consultation on appointments) is not to apply to appointments to the lay panel.
 
      (3) "The lay panel" has the meaning given in section 333(2)(c) of the 1996 Act.
 
Jurisdiction and powers of the Tribunal.     17. In the 1995 Act, insert the following section-
 
 
"Jurisdiction and powers of the Tribunal.     28I. - (1) A claim that a responsible body-
 
    (a) has discriminated against a person ("A") in a way which is made unlawful under this Chapter, or
 
    (b) is by virtue of section 58 to be treated as having discriminated against a person ("A") in such a way,
       may be made to the Tribunal by A's parent.
 
      (2) But this section does not apply to a claim to which section 28K or 28L applies.
 
      (3) If the Tribunal considers that a claim under subsection (1) is well founded-
 
 
    (a) it may declare that A has been unlawfully discriminated against; and
 
    (b) if it does so, it may make such order as it considers reasonable in all the circumstances of the case.
      (4) The power conferred by subsection (3)(b)-
 
 
    (a) may, in particular, be exercised with a view to obviating or reducing the adverse effect on the person concerned of any matter to which the claim relates; but
 
    (b) does not include power to order the payment of any sum by way of compensation."
Procedure.     18. - (1) In the 1995 Act, insert the following section-
 
 
"Procedure.     28J. - (1) Regulations may make provision about-
 
    (a) the proceedings of the Tribunal on a claim of unlawful discrimination under this Chapter; and
 
    (b) the making of a claim.
      (2) The regulations may, in particular, include provision-
 
 
    (a) as to the manner in which a claim must be made,
 
    (b) if the jurisdiction of the Tribunal is being exercised by more than one tribunal-
 
      (i) for determining by which tribunal any claim is to be heard, and
 
      (ii) for the transfer of proceedings from one tribunal to another,
 
    (c) for enabling functions which relate to matters preliminary or incidental to a claim (including, in particular, decisions under paragraph 10(3) of Schedule 3) to be performed by the President, or by the chairman,
 
    (d) enabling hearings to be conducted in the absence of any member other than the chairman,
 
    (e) as to the persons who may appear on behalf of the parties,
 
    (f) for granting any person such disclosure or inspection of documents or right to further particulars as might be granted by a county court,
 
    (g) requiring persons to attend to give evidence and produce documents,
 
    (h) for authorising the administration of oaths to witnesses,
 
    (i) for the determination of claims without a hearing in prescribed circumstances,
 
    (j) as to the withdrawal of claims,
 
    (k) for enabling the Tribunal to stay proceedings on a claim;
 
    (l) for the award of costs or expenses,
 
    (m) for taxing or otherwise settling costs or expenses (and, in particular, for enabling costs to be taxed in the county court),
 
    (n) for the registration and proof of decisions and orders, and
 
    (o) for enabling prescribed decisions to be reviewed, or prescribed orders to be varied or revoked, in such circumstances as may be determined in accordance with the regulations.
      (3) Proceedings before the Tribunal are to be held in private, except in prescribed circumstances.
 
      (4) Unless made with the agreement of the National Assembly, regulations made under this section do not apply to Wales.
 
      (5) The Secretary of State may pay such allowances for the purpose of or in connection with the attendance of persons at the Tribunal as he may, with the consent of the Treasury, determine.
 
      (6) In relation to Wales, the power conferred by subsection (5) may be exercised only with the agreement of the National Assembly.
 
      (7) Part I of the Arbitration Act 1996 does not apply to proceedings before the Tribunal but regulations may make provision, in relation to such proceedings, corresponding to any provision of that Part.
 
      (8) The regulations may make provision for a claim under this Chapter to be heard, in prescribed circumstances, with an appeal under Part IV of the Education Act 1996.
 
      (9) A person who without reasonable excuse fails to comply with-
 
 
    (a) a requirement in respect of the disclosure or inspection of documents imposed by the regulations by virtue of subsection (2)(f), or
 
    (b) a requirement imposed by the regulations by virtue of subsection (2)(g),
       is guilty of an offence.
 
      (10) A person guilty of an offence under subsection (9) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
 
      (11) Part III of Schedule 3 makes further provision about enforcement of this Chapter and about procedure."
 
      (2) In Schedule 3 to the 1995 Act (enforcement and procedure), insert the provisions set out in paragraph 1 of Schedule 2.
 
Admissions.     19. In the 1995 Act, insert the following section-
 
 
"Admissions.     28K. - (1) If the condition mentioned in subsection (2) is satisfied, this section applies to a claim in relation to an admissions decision that a responsible body-
 
    (a) has discriminated against a person ("A") in a way which is made unlawful under this Chapter; or
 
    (b) is by virtue of section 58 to be treated as having discriminated against a person ("A") in such a way.
      (2) The condition is that arrangements ("appeal arrangements") have been made-
 
 
    (a) under section 94 of the School Standards and Framework Act 1998, or
 
    (b) under an agreement entered into between the responsible body for a city academy and the Secretary of State under section 482 of the Education Act 1996,
       enabling an appeal to be made against the decision by A's parent.
 
      (3) The claim must be made under the appeal arrangements.
 
      (4) The body hearing the claim has the powers which it has in relation to an appeal under the appeal arrangements.
 
      (5) "Admissions decision" means-
 
 
    (a) a decision of a kind mentioned in section 94(1) or (2) of the School Standards and Framework Act 1998;
 
    (b) a decision as to the admission of a person to a city academy taken by the responsible body or on its behalf."
Exclusions.     20. In the 1995 Act, insert the following section-
 
 
"Exclusions.     28L. - (1) If the condition mentioned in subsection (2) is satisfied, this section applies to a claim in relation to an exclusion decision that a responsible body-
 
    (a) has discriminated against a person ("A") in a way which is made unlawful under this Chapter; or
 
    (b) is by virtue of section 58 to be treated as having discriminated against a person ("A") in such a way.
      (2) The condition is that arrangements ("appeal arrangements") have been made-
 
 
    (a) under section 67(1) of the School Standards and Framework Act 1998, or
 
    (b) under an agreement entered into between the responsible body for a city academy and the Secretary of State under section 482 of the Education Act 1996,
       enabling an appeal to be made against the decision by A or by his parent.
 
      (3) The claim must be made under the appeal arrangements.
 
      (4) The body hearing the claim has the powers which it has in relation to an appeal under the appeal arrangements.
 
      (5) "Exclusion decision" means-
 
 
    (a) a decision of a kind mentioned in section 67(1) of the School Standards and Framework Act 1998;
 
    (b) a decision not to reinstate a pupil who has been permanently excluded from a city academy by its head teacher, taken by the responsible body or on its behalf.
      (6) "Responsible body", in relation to a maintained school, includes the discipline committee of the governing body if that committee is required to be established as a result of regulations made under paragraph 4 of Schedule 11 to the School Standards and Framework Act 1998.
 
      (7) "Maintained school" has the meaning given in section 28Q(5)."
 
Roles of the Secretary of State and the National Assembly.     21. In the 1995 Act, insert the following section-
 
 
"Roles of the Secretary of State and the National Assembly.     28M. - (1) If the appropriate authority is satisfied (whether on a complaint or otherwise) that a responsible body-
 
    (a) has acted, or is proposing to act, unreasonably in the exercise of a power conferred, or in the discharge of a duty imposed, by or under section 28D or 28E, or
 
    (b) has failed to discharge a duty imposed by or under either of those sections,
       it may give that body such directions as to the exercise of the power or the discharge of the duty as appear to it to be expedient.
 
      (2) Directions may be given under subsection (1) even if the exercise of the power, or the performance of the duty, is contingent upon the opinion of the responsible body.
 
      (3) Subsection (4) applies if the Tribunal has made an order under section 28I(3).
 
      (4) If the appropriate authority is satisfied (whether on a complaint or otherwise) that the responsible body concerned-
 
 
    (a) has acted, or is proposing to act, unreasonably in complying with the order, or
 
    (b) has failed to comply with the order,
       it may give that body such directions as to compliance with the order as appear to it to be expedient.
 
      (5) Directions given under subsection (1) or (4)-
 
 
    (a) may be varied or revoked by the appropriate authority; and
 
    (b) may be enforced, on the application of the appropriate authority, by a mandatory order obtained in accordance with section 31 of the Supreme Court Act 1981.
      (6) "Appropriate authority" means-
 
 
    (a) in relation to England, the Secretary of State; and
 
    (b) in relation to Wales, the National Assembly."
 
Enforcement procedure: Scotland.
 
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